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Interesting story in Mail- British by decent facing deportation

Interesting story in Mail- British by decent facing deportation

Old Sep 2nd 2012, 5:49 pm
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Default Interesting story in Mail- British by decent facing deportation

http://www.dailymail.co.uk/news/arti...orn-India.html

I have no idea about the ins and outs of British by descent , so I was surprised by this story. Is it because of his age?
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Old Sep 2nd 2012, 5:54 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Originally Posted by jjmb View Post
http://www.dailymail.co.uk/news/arti...orn-India.html

I have no idea about the ins and outs of British by descent , so I was surprised by this story. Is it because of his age?
I understood that it was because he took Australian citizenship, and this would nullify his British subject status. Of course, facts and clarity are not a DM forté.
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Old Sep 2nd 2012, 6:11 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

its been widely reported in other outlets as well, such as the telegraph and the BBC.

http://www.telegraph.co.uk/news/ukne...m-Britain.html

So did the rules about British Citizenship change during that time? or is peculiar to children of military personnel born in India? I vaguely remember a story of British entertainer having a similar problem - Spike Milligan I I think.
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Old Sep 2nd 2012, 6:24 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Originally Posted by jjmb View Post
its been widely reported in other outlets as well, such as the telegraph and the BBC.

http://www.telegraph.co.uk/news/ukne...m-Britain.html

So did the rules about British Citizenship change during that time? or is peculiar to children of military personnel born in India? I vaguely remember a story of British entertainer having a similar problem - Spike Milligan I I think.
http://www.guardian.co.uk/uk/2012/se...s-explusion-uk

John Tulloch lost his British nationality under a clause governing people born in pre-independence India...Tulloch's status as someone born to British parents in the former colony led to him losing his nationality when he took out Australian citizenship.

It does say that he can submit "an application to extend his stay in the UK in an appropriate category."
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Old Sep 2nd 2012, 7:35 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Originally Posted by jjmb View Post
So did the rules about British Citizenship change during that time? or is peculiar to children of military personnel born in India? I vaguely remember a story of British entertainer having a similar problem - Spike Milligan I I think.
Sorely lacking references, but it's covered here:
http://en.wikipedia.org/wiki/British...sh_nationality
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Old Sep 2nd 2012, 8:42 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Originally Posted by jjmb View Post
i or is peculiar to children of military personnel born in India?
In general, it could affect anyone born in India before 1949 to a British father who was also born in British India. Noteworthy is that British India was a Dominion rather than a colony/protectorate.

I vaguely remember a story of British entertainer having a similar problem - Spike Milligan I I think.
Similar situation - except that in that case, father was born in the Republic of Ireland. Since Mr Milligan automatically got Irish citizenship, he didn't automatically get U.K. & Colonies citizenship. He could have applied for it but chose not to.
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Old Sep 2nd 2012, 9:52 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

The real problem is that people are confusing 'nationality' with 'citizenship', many people from the time of the British rule in India, and other colonies, had the 'right of abode' in the UK so long as they didn't take another citizenship. taking one automatically nullified the 'nationality' clause, and he lost his 'automatic right of abode' in the UK, he can still apply for a 'right of abode'. The Mail has it wrong. again, he was never a British Citizen, he is Indian of Indian descent, so doesn't qualify for citizenship 'by descent'. It's not a new law, in fact it has always been there. The 'right of abode' was a major source of discontent when thousands of Ugandan Asians fled from Idi Amin, they also had the 'right of abode' left over from the Empire.
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Old Sep 2nd 2012, 10:39 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Originally Posted by mikelincs View Post
The real problem is that people are confusing 'nationality' with 'citizenship', many people from the time of the British rule in India, and other colonies, had the 'right of abode' in the UK so long as they didn't take another citizenship.
Not true. Everyone from the Commonwealth could immigrate to the U.K. before July 1962. Then it stopped. Having dual citizenship had nothing to do with it.


taking one automatically nullified the 'nationality' clause, and he lost his 'automatic right of abode' in the UK, he can still apply for a 'right of abode'. The Mail has it wrong. again, he was never a British Citizen, he is Indian of Indian descent, so doesn't qualify for citizenship 'by descent'.
I think you will find that he did not acquire Indian citizenship when that status was introduced on 26 January 1950.

It's not a new law, in fact it has always been there. The 'right of abode' was a major source of discontent when thousands of Ugandan Asians fled from Idi Amin, they also had the 'right of abode' left over from the Empire.
Ugandan Asians did not have right of abode automatically but were admitted to the United Kingdom as they were British nationals who had no other country to go to.
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Old Sep 3rd 2012, 9:19 am
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Default Re: Interesting story in Mail- British by decent facing deportation

The bloke is a professor, so he is smarter than me, but I get it, although I did not know it before reading this.
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Old Sep 3rd 2012, 12:45 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

Does common sense have a part to play anywhere in all this?
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Old Sep 3rd 2012, 3:05 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

What I don't get is, he's been living in UK and married to a UKC for many years, once he knew this why didn't he just apply for citizenship and get it over with and get a UK passport again?
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Old Sep 3rd 2012, 3:23 pm
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Default Re: Interesting story in Mail- British by decent facing deportation

I was born in Malta
My parents are English
I now live in Italy.

There is no hope for me....
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